Aggravated Assault with a Deadly Weapon

Assault is a crime of violence, and is defined differently from one
state to another. Some states define assault as the intentional use of
force or violence against another, such as punching a person or striking
the victim with an object. In other states, assault need not involve
actual physical contact, and is defined as an attempt to commit a
physical attack or as intentional acts that cause a person to feel
afraid of impending violence. Under this second definition, verbal
threats are usually not enough to constitute an assault. Some action
such as raising a fist or moving menacingly toward a victim usually is
required. In these states, threatening to hurt someone while walking
toward him with a clenched, raised fist would constitute assault.

The Victim’s Fear

In
states that define assault as placing a victim in fear of violence, the
victim’s response must not only be genuine but reasonable under the
circumstances. The test normally is whether the defendant’s actions
would cause a reasonable person to be in fear of an immediate physical
attack. In other words, it’s the response that you’d expect from any
reasonable person in the victim’s position.

Simple and Aggravated Assault

Simple
assault is the least serious form of assault and usually involves minor
injury or a limited threat of violence. Aggravated assault involves
circumstances that make the crime more serious, as when the victim is
threatened with or experiences violence that's significantly more than a
minor slap across the face or a punch in the jaw.

Examples of aggravated assault include:

striking or threatening to strike a person with a weapon or dangerous object

shooting a person with a gun or threatening to kill someone while pointing a gun at the victim

assault resulting in serious physical injury, and

assault
against a member of a protected class, such as a police officer,
healthcare provider, social services worker, or developmentally disabled
or elderly person.

Deadly Weapon

The crime of
aggravated assault with a deadly weapon requires that the offender have
used a deadly weapon in the commission of the crime. An object is a
deadly weapon if it likely can cause death or great bodily harm. A gun
and a large knife are, by definition, deadly weapons because they are
inherently dangerous and even designed to cause injury.

Other
objects, such as rocks, bricks, or even a boot can constitute a deadly
weapon if the object is used in a manner likely to cause or threaten
serious bodily injury or death. A person wearing a heavy, steel toed
boot, for instance, could cause serious injury or even death by kicking
another person with them. Threatening to beat someone up with brass
knuckles or to “break your legs” while wielding a metal bar also
constitutes assault with a deadly weapon, because the threat and
menacing behavior occur while the offender wields a weapon that likely
could cause death or severe injury.

Proving the Case and Possible Defenses

In
order for a defendant to be convicted of aggravated assault with a
deadly weapon, the prosecutor or district attorney must prove every
aspect of the crime (called the “elements” of the crime) beyond a
reasonable doubt. The evidence must show:

that the defendant intentionally threatened the victim with a deadly weapon, and

that this threat caused the person to fear immediate serious violence, or

the defendant actually attempted to or applied physical force to the victim with a deadly weapon.

The
prosecutor’s case must include evidence about the weapon and how it was
“deadly” – either proof that the weapon used was inherently dangerous,
or that an object was used in such a way that it did or could have
caused death or serious bodily injury. Evidence of the object used and
the serious injury inflicted may be enough to establish use of a deadly
weapon. For example, if heavy work boots resulted in serious internal
abdominal injuries, that’s probably enough to convince the judge or jury
that the boots were used in such a way as to make them deadly weapons.

Defenses

Defendants
charged with aggravated assault with a dangerous weapon have the usual
defenses available to all criminal defendants, starting with “You’ve got
the wrong person, it wasn’t me.” In addition, a defendant can claim
self defense or defense of others and present evidence that the alleged
victim initiated the confrontation and that the defendant was defending
himself or another person from the alleged victim’s attack. That defense
may take the form of showing that the gun or weapon actually was in the
victim’s possession.

Other possible defenses are that the
defendant’s actions were purely accidental and that he had no criminal
intent; or an insanity defense, in which the defense argues that the
accused is mentally ill and did not have the capacity to control his
behavior or to understand what he was doing or that his actions were
unlawful.

Penalties for Assault with a Deadly Weapon

Assault
with a deadly weapon is usually a felony punishable by one to twenty
years in prison, depending on the specific provisions of each state’s
sentencing statute or sentencing guidelines. Normally, the judge has
some discretion on the length of the sentence and whether to allow the
defendant to serve any portion of the sentence on probation rather than
in prison.

Factors that judges consider

In determining a
sentence, judges usually consider defenses the defendant presented at
trial, whether the defendant has taken responsibility for the crime and
shows remorse, circumstances surrounding the crime, the extent of any
injuries incurred, the type of weapon used, the accused’s prior criminal
record, and, in some situations, the victim's background or
relationship to the defendant.

Sentence enhancement

In
some states, assault against a special victim like a police officer or
elderly person carries more severe penalties or is subject to sentence
enhancement, which permits the court to add extra time to the sentence
for the underlying crime. In many states, there also are more severe
penalties or sentencing enhancement provisions if the deadly weapon used
in an assault or battery is a firearm. Finally, in some states, the
penalties are even more severe for certain types of firearms such as
automatic weapons, machine guns, or guns that shoot metal-resistant
bullets.

Legal Representation

Aggravated assault with a
deadly weapon is a very serious felony charge; a conviction for this
crime can seriously impact your life. You could face a lengthy prison
sentence and the stigma of being a convicted felon. Convicted felons
cannot vote or possess firearms and often have difficulty finding
employment. A competent criminal defense attorney can help you fight an
aggravated assault charge, protect your rights and achieve the best
possible outcome. An attorney will thoroughly investigate your case, aid
you in asserting any possible defenses, and guide you through the
criminal court process.